Nand Kishore Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.44753 of 2016 (2) dt.18-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44753 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -SAHKUND District- BHAGALPUR ====================================================== Nand Kishore Yadav son of Rajendra Yadav resident of village Sarha PS Shahkund Dist. Bhagalpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 18.10.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 376/34 of the Indian Penal Code and section 4 of the POCSO Act. Victim has supported the allegation of her kidnapping and rape and she specifically, stated that this petitioner also participated in her kidnapping and while co- accused Nilu Yadav was committing rape on her, this petitioner was also present there. Considering the allegation levelled against the petitioner as well as facts and circumstances of the case, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in Shahkund P.S. Case no. 95/2016 pending in the court of Addl. Sessions Judge I, Bhagalpur stands rejected.

shahid (Hemant Kumar Srivastava,J) U T